Nacogdoches County License Hearing Guide

Nacogdoches DUI License Suspension & ALR Hearing

Being arrested for a DUI in Nacogdoches, Texas, can be a frightening experience. Beyond the potential criminal charges, you face the immediate threat of losing your driver's license. It's crucial to understand that the license suspension process is separate from the criminal case against you. This administrative process, handled by the Texas Department of Public Safety (DPS), is initiated almost immediately after your arrest. This guide is designed to provide you with the urgent, practical information you need to navigate this process and potentially save your driving privileges.

CRITICAL DEADLINE: Request Hearing Within 15 Days

This is the most important thing you need to know: You have only 15 days from the date of your arrest to request an Administrative License Revocation (ALR) hearing. If you fail to request this hearing within this timeframe, your license will be automatically suspended. This deadline is unforgiving, so act quickly.

Where to Request: You must request the hearing from the Texas Department of Public Safety (DPS).

How to Request:

• Online: The fastest and often easiest way is to request the hearing online through the Texas DPS website. Navigate to the Driver License Division section and look for the ALR hearing request option. You will likely need your driver's license number and information from your DUI arrest paperwork.
• Phone: You can also request a hearing by calling the Texas DPS Driver License Division. Be prepared to provide your driver's license number and details of your arrest. . Be aware that phone lines can be busy, so persist.
• Mail: While slower, you can mail a written request for a hearing to the Texas DPS. This request should include your full name, date of birth, driver's license number, mailing address, and a clear statement that you are requesting an ALR hearing related to your DUI arrest on [Date of Arrest] in Nacogdoches County. Send it certified mail with return receipt requested for proof of delivery. The address for mailing the request is: .

What Happens If You Miss the Deadline: If you miss the 15-day deadline, your driver's license will be automatically suspended. There is very little recourse once this deadline passes. Don't delay!

Automatic License Suspension

Even if you request an ALR hearing, your license will be temporarily suspended until the hearing takes place. The length of the suspension depends on whether you took a breath or blood test and whether you failed it or refused to take it.

If You Took the Breath/Blood Test and Failed

• BAC over 0.08: If your blood alcohol concentration (BAC) was 0.08 or higher, your license will be suspended for 90 days if this is your first offense.
• Temporary Permit: You should have received a temporary driving permit at the time of your arrest. This permit is typically valid for 40 days, allowing you to drive until your ALR hearing or the start of your suspension, whichever comes first.

If You Refused Testing

• Refusal Penalty: Refusing to take a breath or blood test carries a significantly harsher penalty. In Texas, refusing to submit to testing will result in a license suspension of 180 days for a first offense.
• Implied Consent Law in Texas: Texas, like most states, has an "implied consent" law. This means that by driving on Texas roads, you have implicitly agreed to submit to a breath or blood test if a law enforcement officer has probable cause to believe you are driving under the influence. Refusal to comply can result in the longer suspension period mentioned above, regardless of whether you are ultimately convicted of the DUI charge in criminal court.

The ALR/Administrative Hearing

What It Is

The ALR hearing is an administrative proceeding, completely separate from the criminal court case. Its sole purpose is to determine whether your driver's license should be suspended. The burden of proof is lower in an ALR hearing than in a criminal trial. DPS only needs to prove by a preponderance of the evidence (more likely than not) that you were driving while intoxicated.

How to Prepare

Proper preparation is key to maximizing your chances of winning your ALR hearing.

• Gather Evidence: Collect any evidence that could support your case. This might include witness statements, video footage (if available), receipts, or anything that casts doubt on the validity of the arrest.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in Nacogdoches County can be invaluable. They understand the legal nuances of DUI cases, the procedures of the ALR hearing, and can effectively represent you. They can also subpoena witnesses and cross-examine the arresting officer.
• Understand What You Can Challenge: The ALR hearing focuses on specific issues, including:
• Whether the officer had reasonable suspicion to stop you.
• Whether the officer had probable cause to believe you were driving under the influence.
• Whether you were properly informed of your rights, including the consequences of refusing a breath or blood test.
• Whether the breath or blood test was administered correctly.

Possible Outcomes

• Suspension Upheld: If the DPS proves its case, your license suspension will be upheld. The suspension will begin after the hearing or after your temporary permit expires.
• Suspension Overturned: If you successfully challenge the evidence or the DPS fails to meet its burden of proof, your license suspension will be overturned, and your driving privileges will be restored.
• Restricted/Hardship License Granted: In some limited circumstances, you may be eligible for a restricted or hardship license, even if your suspension is upheld. This is discussed in more detail below.

Hardship/Restricted License in Texas

Texas offers an Occupational Driver's License (ODL), which is a type of restricted license that allows you to drive for essential purposes, even while your license is suspended.

• Eligibility Requirements: To be eligible for an ODL in Nacogdoches County, you generally need to demonstrate that you need to drive for essential purposes, such as work, school, or medical appointments. You must also not have any other license suspensions or revocations in effect.
• What You Can Drive For: An ODL typically allows you to drive only for pre-approved purposes, such as commuting to and from work, attending school, or receiving necessary medical treatment. The hours and locations you can drive may be restricted.
• Costs and Application Process: Obtaining an ODL involves filing a petition with the court in the county where you reside (Nacogdoches County in this case). You will need to pay court filing fees and provide documentation supporting your need for the license. You will need to obtain a certified abstract of your driving record from the DPS.
• IID Requirement: In many DUI cases, especially repeat offenses or those involving high BAC levels, the court may require you to install an Ignition Interlock Device (IID) in your vehicle as a condition of obtaining an ODL. The IID prevents the vehicle from starting if it detects alcohol on your breath.

Getting Your License Back

After Criminal Case Concludes

Even if you win your ALR hearing, you may still face a license suspension if you are convicted of DUI in criminal court.

• Reinstatement Requirements: To reinstate your license after a DUI suspension, you will typically need to:
• Pay a reinstatement fee to the Texas DPS.
• Provide proof of SR-22 insurance (a type of high-risk auto insurance).
• Complete any required alcohol education classes or programs ordered by the court.
• Fees: Reinstatement fees vary but can typically cost around $125.
• SR-22 Insurance Requirement: SR-22 insurance is required for a period of time, usually 2-3 years, after a DUI conviction.
• Classes/Programs That Must Be Completed: The court may order you to complete a DWI Education Program or a DWI Intervention Program, depending on the circumstances of your case.

Nacogdoches DMV/DPS Offices

[This section requires specific, up-to-date information. Find the official address and hours for the Nacogdoches DPS office on the Texas DPS website. Include the address, phone number, and hours of operation. If there's a specific driver's license office, include that information. If there is no local DPS office, add the closest office and the address.]

Please note: It is strongly recommended that you call ahead to confirm hours and services offered, as they can change.

Special Programs

• Ignition Interlock Device Program: As mentioned above, the IID program is often a requirement for obtaining an ODL or reinstating your license after a DUI conviction.
• Occupational License: This has been described in detail above.

Disclaimer: This information is for general guidance only and does not constitute legal advice. It is essential to consult with a qualified DUI attorney in Nacogdoches, Texas, for personalized advice regarding your specific situation. The laws and procedures related to DUI cases and license suspensions can be complex and are subject to change.